Mark Warner

Ontario and New York attorney specializing in trade, competition and investment law

Mark Warner is an Ontario and New York attorney specializing in trade, competition and investment law. Mark is a former Director of Legal Services for three Ontario Government Ministries, has practiced law in leading law firms in Toronto, Washington, New York and Brussels, and has served as counsel to the OECD in Paris. His work experience has included university research and teaching, and acting as an independent consultant to various foreign governments and international organizations.

While it may be tempting for some Canadian commentators to dance on the grave of a recently departed conservative jurist, it is worth pausing and reflecting on the fact that on the international comity so important to successive Canadian governments, Scalia's textualism arguably led him more often to be found on our side and leading his more liberal colleagues to our side.

A review of the list of consultations on the government's website and tweets by minister Freeland show a number of meetings with these particular TPP critics. All of this raises the question of whether the minister is hearing the alternative positive case for the TPP.

Trade negotiations are growing in importance as developed and developing countries alike increasingly realize that protectionism is not a path to prosperity. Federalism poses challenges for our trade negotiations that are exacerbated by elections at both levels of government in Canada, and among our trading partners. The electoral clock is also ticking on Japanese Diet elections next summer and on U.S. presidential and congressional elections next fall. If the machinery of trade talks ground to a halt every time an election approached, there would be no trade agreements at all -- which is, perhaps, what some people desire.